Citing "Quandary," Judge Won't Jail Merrill Exec

Law360, New York (January 8, 2008, 12:00 AM EST) -- A judge has refused to grant a request by prosecutors to put a former Merrill Lynch & Co. executive convicted in the Nigerian Barge scandal following the collapse of Enron Corp. back behind bars.

In a decision Monday, Judge Ewing Werlein of the U.S. District Court for the Southern District of Texas refused a motion by the government to revoke the bond and set a report date for James A. Brown.

However, Judge Werlein wrote that the prosecution should be able to ask an appeals court...
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